Legal provisions of COM(2023)201 - Amendment of Council Directives 2001/110/EC relating to honey, 2001/112/EC relating to fruit juices and certain similar products intended for human consumption, 2001/113/EC relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption, and 2001/114/EC relating to certain partly or wholly dehydrated preserved milk for human consumption

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Article 1

Amendments to Directive 2001/110/EC

Article 2 of Directive 2001/110/EC is amended as follows:

(1) the introductory sentence is replaced by the following:

‘Regulation (EU) No 1169/2011 of the European Parliament and of the Council* shall apply to the products defined in Annex I to this Directive, subject to the following conditions:

___________

* Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers (OJ L 304, 22.11.2011, p. 18).’;

(2) in paragraph 4, points (a) and (b) are replaced by the following:

‘(a) The country of origin where the honey has been harvested shall be indicated on the label. If the honey originates in more than one country, the countries of origin where the honey has been harvested shall be indicated on the label of packs containing more than 25 g;

(b) For the purposes of Regulation (EU) No 1169/2011 and in particular Articles 12 to 15 thereof, the particulars to be indicated according to point (a) of this paragraph shall be considered as mandatory particulars in accordance with Article 9 of that Regulation.’.

Article 2

Amendments to Directive 2001/112/EC

Directive 2001/112/EC is amended as follows:

(1) Article 3 is amended as follows:

(a) the introductory sentence is replaced by the following:

‘Regulation (EU) No 1169/2011 of the European Parliament and of the Council* shall apply to the products defined in Annex I to this Directive, subject to the following conditions:

___________

* Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers (OJ L 304, 22.11.2011, p. 18).’;

(b) in paragraph 1, point (b), is replaced by the following:

‘(b) As an alternative to the product names referred to in subparagraph (a), Annex III provides a list of particular designations. The designations listed in Annex III, Part I, may be used in the language and under the conditions laid down therein. The designations listed in Annex III, Part II, may be used in the official language of the Union of the Member State where the product is placed on the market.’;

(c) the following paragraph 4 is inserted:

‘4. Without prejudice to Regulation (EC) No 1924/2006 of the European Parliament and of the Council**, the statement ‘no fruit juices contain added sugars’ may appear on the label in the same field of vision as the name of the products referred to in Part I, point 1, of Annex I to this Directive.

** Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (OJ L 404, 30.12.2006, p. 9).’;

(d) paragraph 6 is replaced by the following:

‘6. Without prejudice to Article 22 of Regulation (EU) No 1169/2011 for mixtures of fruit juice and fruit juice from concentrate, and for fruit nectar obtained entirely or partly from one or more concentrated products, the labelling shall bear the words ‘from concentrate(s)’ or ‘partially from concentrate(s)’, as appropriate. That information shall be entered close to the product name, standing out well from any background, in clearly visible characters.’;

(2) Article 6 is replaced by the following:

Article 6

Without prejudice to Regulation (EC) No 1333/2008, only the treatments and substances listed in Part II of Annex I to this Directive and the raw materials complying with Annex II to this Directive may be used to manufacture the products defined in Part I of that Annex I. Moreover, fruit nectars shall comply with the provisions of Annex IV to this Directive.’;

(3) Annexes I and III are amended in accordance with Annex I to this Directive;

(4) in Annex V, the following row is inserted in alphabetical order:



Coconut (*)Cocos nucifera4,5

’.

Article 3

Amendments to Directive 2001/113/EC

Directive 2001/113/EC is amended as follows:

(1) Article 2 is amended as follows:

(a) the introductory sentence is replaced by the following:

‘Regulation (EU) No 1169/2011 of the European Parliament and of the Council* shall apply to the products defined in Annex I to this Directive, subject to the following conditions:

___________

* Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers (OJ L 304, 22.11.2011, p. 18).’;

(b) paragraph 4 is deleted;

(c) paragraph 6 is replaced by the following:

‘6. Where the residual content of sulphur dioxide is more than 10 mg/kg, its presence shall be indicated on the list of ingredients by way of derogation from Article 20 of Regulation (EU) No 1169/2011.’;

(2) Article 4 is replaced by the following:

Article 4

Without prejudice to Regulation (EC) No 1333/2008 of the European Parliament and of the Council**, only the ingredients listed in Annex II to this Directive and raw materials which comply with Annex III to this Directive may be used in the manufacture of the products defined in Annex I to this Directive.

___________

** Regulation (EC) 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16).’;

(3) Annex I is amended in accordance with Annex II to this Directive;

(4) in Annex II, the third indent is replaced by the following:

‘– citrus fruit juice, whether or not concentrated: in products obtained from other types of fruit: only in jam, extra jam, jelly and extra jelly,’;

(5) in Annex III, Part B, point 1, the fourth indent is replaced by the following:

‘— with the exception of the raw materials used in the manufacture of ‘extra’ products: the use of sulphur dioxide (E 220) or its salts (E 221, E 222, E 223, E 224, E 226 and E 227) as an aid to manufacture provided that the maximum sulphur-dioxide content laid down in Regulation (EC) No 1333/2008 is not exceeded in the products defined in part I of Annex I.’.

Article 4

Amendments to Directive 2001/114/EC

Directive 2001/114/EC is amended as follows:

(1) in Article 3, the introductory sentence is replaced by the following:

‘Regulation (EU) No 1169/2011 of the European Parliament and of the Council* shall apply to the products defined in Annex I to this Directive, subject to the following conditions:

___________

* Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers (OJ L 304, 22.11.2011, p. 18).’;

(2) in Annex I, point 3, the following point is added:

‘(d) Reduction of the lactose content by conversion to glucose and galactose. Modifications in the composition of milk following this treatment shall be allowed only if they are indelibly indicated on the packing of the product so that it can be easily seen and read. However, such indication shall not remove the obligation as regards nutrition labelling laid down by Regulation (EU) No 1169/2011. Member States may limit or prohibit modifications to the composition of milk referred to in this point (d).’;

(3) in Annex II, point (a) is replaced by the following:

‘(a) The English term ‘evaporated milk’ means the product defined in Annex I, point (1)(b).’.

Article 5

Transposition

1. Member States shall adopt and publish, by [OP please insert the date = 18 months after the date of entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions from [OP please insert the date = 24 months after the date of entry into force of this Directive].

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 6

Transitional measures

Products which are placed on the market or labelled before [OP please insert the date = 24 months after the date of entry into force of this Directive], in accordance with Directives 2001/110/EC, 2001/112/EC, 2001/113/EC and 2001/114/EC, may continue to be marketed until the exhaustion of stocks.

Article 7

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 8

Addressees

This Directive is addressed to the Member States.